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New Disclosure Requirements for Board Members

A new New York State law was recently enacted, effective January 1, 2018, which requires board members involved in interested transactions to provide disclosure of these transactions to the owners in their associations. The new law adds a new Section 727 to the New York Business Corporation Law (the “BCL”) and a new Section 519-a […]

Pop-up Shops and Other Short Term Use Arrangements : Lease or License?

In recent years, retail pop-up shops have become a growing trend among property owners looking to increase cash flow or traffic to their properties as well as businesses looking to reach new markets or test a new product while limiting their potential long-term lease obligations. This trend started gaining popularity during the depression of 2009 […]

Using a Mechanics’ Lien to Collect Unpaid Broker’s Commission for Procuring a Commercial Tenant

In New York a real estate broker or salesperson can use a mechanics’ lien to collect an unpaid commission after procuring a tenant for a commercial landlord pursuant to New York Lien Law § 10.  This statutory right to file a mechanics’ lien against a landlord’s property was enacted in 1982 in order to address […]

Unpaid Condo Common Charges on Credit Reports

Approximately one year ago, a data aggregation company based in California named Sperlonga entered into an agreement to start providing condominium and HOA owner payment and account status data to the credit reporting company Equifax.  It is our understanding that Sperlonga charges a monthly flat fee to the condominium or HOA for this service or […]

Late Payment of Common Charge Fees by Delinquent Unit Owner Deemed to Be an Admission of Liability: Condo Board Entitled to Recover Late Fees and Legal Fees

Landlords and condominium boards frequently have to sue tenants and unit owners who fail to pay their rent or common charges in a timely manner.  This is an unfortunate fact of life in the real estate world.  In these situations, courts have typically been very stingy when awarding late fees or legal fees to the […]